Law Commons^™

Reviving Implied Confidentiality, Woodrow Hartzog

Indiana Law Journal

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

Sign Of The Cross And Jurisprudence, Edward J. Murphy

Notre Dame Law Review

No abstract provided.

Sign Of The Cross And Jurisprudence, Edward J. Murphy

Notre Dame Law Review

No abstract provided.

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

Law Faculty Scholarship

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …

Review Essay--The First Amendment's Forgotten Clauses, Aaron H. Caplan

Journal of Legal Education

No abstract provided.

Legal Education Reform: How The Academy At Chuquisaca Forged Argentina's Founding Elite, Martin Boehmer

Journal of Legal Education

No abstract provided.

The Means Principle, Larry Alexander

Faculty Scholarship

Michael Moore believes there are deontological constraints on actors’ pursuit of good consequences. He believes these constraints are best conceived of as agent-relative prohibitions such as “you must not intentionally kill, batter, rape, steal, etc.” I, joined in recent years by Kimberly Ferzan, believe that the best interpretation of deontological constraints — the interpretation that best accounts for our intuitions about certain stock cases — is that they are constraints on the causal means by which good consequences may be achieved. We believe those constraints can be unified under a single deontological principle, what we call the “means principle.” It …

Private Law In The Gaps, Jeffrey A. Pojanowski

Journal Articles

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers

Faculty Scholarship

No abstract provided.

Constitutional Implications Of School Punishment For Cyber Bullying, Raul R. Calvoz, Bradley W. Davis, Mark A. Gooden

Cardozo Law Review de•novo

In this article, we address the scope of student free speech rights as it relates to cyber bullying. We provide a review of legal theories under which school administrators can address cyber bullying while still respecting student free speech rights and the First Amendment. Additionally, we address the jurisdiction of administrators to deal with off-campus bullying conduct.

Federally Recognized Rights Of Lgbtq Students To Form Gay-Straight Alliance Organizations (Gsas), Jerry Foxhoven

Cardozo Law Review de•novo

The purpose of this article is to explore the various avenues that have been used in the federal courts to ensure the right to organize Gay Straight Alliances (GSAs), and to detail the use of the federal courts by students who assert the right to express contrary views on sexual orientation issues.

When Quacking Like A Duck Is Really A Swan Song In Disguise, Nancy C. Marcus

Faculty Scholarship

United States v. Windsor may, in the views of some, walk and talk like a federalist duck, but upon closer examination, the decision is not a federalist decision at all, but is, rather, a swan song for federalist-based marriage discrimination.

Leading up to Windsor, federalist-based arguments for marriage equality were advocated by the late twentieth-century minimalist movement, which viewed the judiciary as an ineffective agent of social change, and urged the narrowest of constitutional claims, pessimistic about the likelihood of broad individual rights claims to same-sex marriage rights. After Windsor’s release, some have interpreted it as being a federalist decision, …

Can The Law Meet The Demands Made On It?, George C. Christie

Faculty Scholarship

This is my contribution to a festscrift in honor of Professor Don Wallace on his retirement from the Georgetown University School of Law. My essay points out the problems and dangers of the increasing delegation to international and domestic courts, in broad and vague value-laden language, the responsibility of making basic moral and policy decisions for society. It saddles courts with a task that they are not particularly suited to perform and it is certainly not the way a democratic society should function.

The Problem Of Risk In International Criminal Law, Mark A. Summers

Faculty Scholarship

No abstract provided.

The Possibility Of Private Rights And Duties, Adam J. Macleod

Faculty Articles

Is it possible for us to know what we owe others, or do we need the state to tell us? To ask the question this way could be understood as a provocation. It might suggest that the possibility of private rights and duties - a possibility that common law takes for granted and which lawyers witness in their daily practice threatens the foundations of the legal realist jurisprudential project and the liberal political project. But it is not my intention here to attack those projects. I simply want to consider the possibility that legal realism and liberalism might not be …

A Collection Of Essays On Libertarian Jurisprudence, Walter E. Block

Saint Louis University Law Journal

We attempt to demonstrate that while it should be against the law to interfere with any property owner from receiving sunlight from directly above, this should not at all apply to tall buildings, which place into shadow their neighbors, and thus deprive them of sideways sunlight.

Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

Articles

No abstract provided.

Seventh Circuit And Wisconsin Sports Law Jurisprudence, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.

Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders

Indiana Law Journal

Essays on the Implications of Windsor and Perry

Saving Originalism’S Soul, Stephen E. Sachs

Faculty Scholarship

No abstract provided.

Legality, Morality, Duality, Joshua P. Davis

Utah Law Review

This Article proposes legal dualism as a novel resolution to one of the central debates in jurisprudence—that between natural law and legal positivism. It holds that the nature of law varies with the purpose for which it is being interpreted. Natural law provides the best account of the law when it serves as a source of moral guidance and legal positivism provides the best account of the law when it does not.

Abortion Distortions, Caroline Mala Corbin

Articles

No abstract provided.

Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow

Law Faculty Publications

I had the honor of hearing Judge Joseph Greenaway give the keynote address at Columbia University's Black Law Students Association's Paul Robeson Gala in 2010. He gave a stirring speech, which has since been published in the Columbia Journal of Race and Law, entitled Have We Crossed the Bridge Yet? The title and theme of His Honor's speech is a reference to David Remnick's The Bridge: The Life and Rise of Barack Obama, which, in turn, invokes the metaphor of the bridge as a representation of the African-American struggle toward equality. ...

Reflections On The New Haven School, Molly Land

NYLS Law Review

No abstract provided.

The Judge And The Drone, Justin Deystone

Publications

Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the structuralist …

Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng

NYLS Law Review

No abstract provided.

The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky

NYLS Law Review

No abstract provided.

Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies

NYLS Law Review

No abstract provided.

Expanding The “Geography” Of Policy Options To Reduce Greenhouse Gas Emissions: A Commentary On Hari Osofsky’S The Geography Of Solving Global Environmental Problems, William Ascher

NYLS Law Review

No abstract provided.

The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, Winston P. Nagan, Craig Hammer

NYLS Law Review

No abstract provided.